What to Do if You Make an Error on a Section 21 Notice

Serving a Section 21 notice is a critical step for landlords seeking to regain possession of their property from tenants in England and Wales. However, the process must be executed with precision to avoid delays or legal challenges. Mistakes on a Section 21 notice can render it invalid, causing unnecessary complications. If you find yourself in this situation, don’t panic. Instead, follow these steps to rectify the error and move forward effectively.

Understanding a Section 21 Notice

A Section 21 notice, under the Housing Act 1988, allows landlords to reclaim their property without needing to show the tenant is at fault. However, it must meet specific legal requirements to be valid. Common errors include incorrect dates, missing information and failure to comply with statutory prerequisites like the provision of gas safety certificates or the tenancy deposit scheme details.

Step 1: Identify the Error

Carefully review the Section 21 notice you have served to pinpoint the mistake. Common errors may include:

– Incorrect expiry date
– Wrong tenant or property details
– Failure to adhere to deposit protection rules
– Missing or incorrect information regarding landlord registration
– Failure to provide necessary legal documentation

Knowing exactly what went wrong will help you take the appropriate corrective actions.

Step 2: Void the Invalid Notice

If an error is identified, the first course of action is to acknowledge that the notice is invalid. Inform the tenant about the mistake and the invalidity of the notice. Transparency in communication can help maintain a positive relationship and reduce tenant anxiety regarding eviction.

Step 3: Correct the Error

Before issuing a new Section 21 notice, ensure you rectify the mistake:

– Check Dates and Details: Make sure the notice period complies with current legal requirements (usually two months). Double-check tenant and property details for accuracy.
– Statutory Compliance: Ensure all legal prerequisites have been met. This includes providing the tenant with up-to-date gas safety certificates, EPC and documentation confirming that their deposit was protected in a recognised deposit scheme.
– Use Up-to-Date Forms: The Government periodically updates prescribed forms. Ensure you are using the latest version of the Section 21 notice.

Step 4: Serve a New Section 21 Notice

Once the error has been corrected, serve a new Section 21 notice. Ensure it meets all the legal criteria and includes the correct information. The notice period will reset, meaning you will need to wait for the full notice period, typically two months, before proceeding with any further action.

Step 5: Confirm Receipt

To avoid any claims that the new notice was not received, consider using a method that provides proof of delivery. Options include:

– Recorded Delivery: Send the notice via recorded delivery to obtain proof of postage and receipt.
– Personal Service: Deliver the notice in person, ideally with a witness present.
– Email (If Agreed): If email service is agreed upon in the tenancy agreement, ensure you receive a delivery and read receipt.
– Process Sever: Instruct a professional Process Server to effect service upon the tenant (either personally or by post to the property address) who will then provide an Affidavit of Service to be relied upon in any subsequent possession proceedings.

Step 6: Seek Legal Advice

If you’re unsure about any part of the process or continue encountering difficulties, seeking legal advice can provide clarity and ensure compliance with the law. A solicitor specialising in landlord-tenant law can guide you through the intricacies and help you avoid further errors.

Step 7: Consider Mediation

If serving a new Section 21 notice seems to be a recurring issue or if disputes arise, consider mediation as an alternative dispute resolution method. Mediation can provide an amicable solution without resorting to lengthy and costly court procedures.

Preventive Measures

To avoid future errors, take proactive steps:

– Keep Records: Maintain detailed records of all transactions, communications and legal requirements related to the tenancy.
– Stay Informed: Regularly update your knowledge of landlord-tenant laws, as they can change over time.
– Use Professional Services: Consider employing property management services or legal professionals who are experienced in managing tenancies and compliance.

Conclusion

Making an error on a Section 21 notice can be inconvenient, but it’s not insurmountable. By promptly identifying and correcting the mistake, you can reissue a valid notice and proceed with the eviction process legally and efficiently. Remember, meticulous attention to detail and adherence to legal requirements are crucial for a smooth and effective notice period. When in doubt, seeking professional legal advice can help you navigate the complexities and protect your interests as a landlord.

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 15th January 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of the capital’s leading landlord and tenant lawyers. His profile on the independent Review Solicitor website can be found Here